Smith: Manitowish Waters latest in trend of Wisconsin communities passing wake-enhanced boating restriction

• The Town of Manitowish Waters in Wisconsin passed an ordinance restricting wake-enhanced boating on nine lakes.
• This is part of a trend in Wisconsin, with 54 towns passing similar ordinances.
• Wake surfing, while popular, has led to complaints about shoreline erosion and conflicts with other lake users.
• Legal challenges and legislative efforts are ongoing regarding wake-enhanced boating regulations.

Supervisors of the Town of Manitowish Waters passed an ordinance June 10 on wake-enhanced boating in its jurisdiction.

The rule prohibits artificial wake enhancement activities on nine lakes (over 50 acres in size) within the town’s borders, including seven lakes on the Manitowish Chain, a northern Wisconsin destination very popular for boating and fishing.

The town’s vote is the latest in a statewide trend toward local control of wake-enhanced boating. The rules typically prohibit “artificial wake enhancement” activities but allow use of wake boats.

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Including Manitowish Waters, 54 Wisconsin towns have passed similar ordinances, according to Richard Phillips of the Last Wilderness Alliance, a Presque Isle-based nonprofit organization that helps towns establish the rules.

Wake-enhanced boating involves use of a special power vessel with water-filled ballast tanks to increase displacement and create large waves for the enjoyment of surfers and tubers.

The waves, often 2 to 3 feet high, are big and strong enough for surfers to ride without a tow rope.

The activity is generally permitted on any Wisconsin water where power boats are allowed to make a wake, typically 100 feet or more from shore in lakes greater than 50 acres in size.

The form of water recreation is relatively new but has been increasing in popularity in Wisconsin, according to Darren Kuhn, Department of Natural Resources boating law administrator.

Wake surfing and tubing has provided a new form of fun but also led to many complaints, including reports of or concerns for increased shoreline erosion, damage to lake beds and fish habitat and conflicts with other lake users.

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A half dozen states have passed laws on the topic in recent years. In 2022 and 2023, Alabama, Georgia, South Carolina and Tennessee enacted rules requiring wake-enhanced boating to take place at least 200 feet from shore or docks.In 2024 Vermont passed a statewide law stating wake surfing can only occur in water at least 20 feet deep and at least 500 feet from shore. In addition, wake surfing can only take place on lakes with at least one area of 50 contiguous acres meeting the 20/500 requirements and the state has a “home lake” rule stipulating ballast tanks must be decontaminated before moving a wake boat to another water body.

Also in 2024 Maine enacted a law requiring wake surfing be conducted at least 300 feet from shore and in water at least 15 feet deep. Similar to Wisconsin, Maine allows municipalities or other local entities to petition to be wake surf-free.

Though Wisconsin residents have repeatedly shown up in large numbers at town hall meetings and listening sessions to voice their support for additional restrictions on wake-enhanced boating, no statewide rule change has been made by the Legislature or DNR.

That has led to a growing movement of local ordinances.

Among recent activity was an ordinance passed May 21 in the Town of Land O’ Lakes in Vilas County; the rule covers 24 lakes 50 acres or larger. And in southern Wisconsin a similar ordinance was enacted April 14 in the Town of Ottawa in Waukesha County. The town board’s action prohibits enhanced wakes on Pretty, Hunters and School Section lakes.

Other ordinances are being drafted or considered. In May the towns of Elkhart Lake and Whitewater held public meetings dominated by discussions over possible artificial wake ordinances.

The first legal challenge to one of the local ordinances in Wisconsin – in the Town of Scott in Burnett County – was filed May 16 in Burnett County Circuit Court. The town has until June 17 to file its response.

Last Wilderness Alliance and the Madison-based law firm of LawtonCates S.C. are attempting to serve as intervenors and assist the town in the suit.

Boating organizations are opposed to the ordinances.

In a statement, the National Marine Manufacturers Association said it recognized “the importance of protecting our waterways while also ensuring that boating enthusiasts can enjoy their activities safely and responsibly” but the “current patchwork of local regulations on wake enhanced boating creates confusion, inconsistency, and difficulty in compliance for boaters.”

“These rules can lead to inadvertent violations, reduced economic activity in boating communities, and hinder the growth of the recreational boating industry,” NMMA said. The organization said it advocates for “commonsense statewide standards that protect the environment and the safety of boaters without inhibiting the growth of the recreational marine industry.”

The Water Sports Industry Association has also promoted its “Wake Responsibly” campaign. It calls for wake surfers to minimize repetitive passes, keep music at a responsible level and to stay at least 200 feet from shore and other boaters.

A May 28 meeting convened in Madison by Sen. Mary Felzkowski (R, Tomahawk) did not produce an agreement among various Republican Legislators and lobbyists for the boating industry and Lakes At Stake Wisconsin, a group formed in 2023 to advocate for wake surfing restrictions.

No wake-enhanced boating bill has been introduced in this legislative session.

The Town of Manitowish Waters ordinance is effective immediately. It requires signs to be posted on each lake affected.

Since two of the lakes in the Manitowish Chain – Clear and Island – straddle the border of the Towns of Manitowish Waters and Boulder Junction, observers expect a joint ordinance to be voted on soon.

Following the 2-1 vote June 10 in Manitowish Waters, some in the audience threatened to sue the town. As of June 11 no suit had been filed.